2015 (4) TMI 153 - HC - Indian Laws

Eviction of petitioner - Procedure of law not followed - Held that - shop room in question was given to one Mr. Harjit and the petitioner was only looking after the said shop room. - petitioner is not the licensee in respect of the shop room in question, the present writ petition is not maintainable. - Decided against appellant.

Summary

Issues:
Challenge to eviction from shop room without due procedure of law; Maintaining possession of shop room; Dispute over articles taken from shop room.

Analysis:
The writ petition was filed to challenge the eviction from Shop Room No.UN-10 in Ekamra Hat, Bhubaneswar, without following due procedure of law and seeking a direction to deliver possession of the shop room. The counsel for the opposite parties argued that the petitioner is not a licensee under the opposite party no.1, making the writ petition not maintainable. It was revealed that the shop room was originally given to Mr. Harjit, and the petitioner was merely looking after it, not being the licensee.

The petitioner claimed that upon eviction, several articles from the shop room were taken by the opposite party no.1, which was denied by the opposite parties' counsel. The court, after considering the submissions and noting that the petitioner was not the licensee of the shop room, deemed the writ petition not maintainable. However, the court mentioned that the petitioner could approach the opposite party to seek the release of the articles through a representation.

Consequently, both the writ petition and the Miscellaneous Case were disposed of, with the interim order from 26.03.2013, in Misc. Case No.5459 of 2013, being vacated. The court directed the issuance of an urgent certified copy as per rules to conclude the matter.